Updated April 2010
A. By using and/or visiting this website (collectively, including all content and functionality available through the randomlychallenged.com domain name, the "Randomly Challenged Website", or "Website"), you signify being bound by your agreement to:
- these terms and conditions (the 'Terms and Conditions'),
- Randomly Challenged's Privacy Policy, Rules of Play, and our Community Guidelines, incorporated here by reference. If you do not agree to any part of our Terms and Conditions, Privacy Policy, Rules of Play or Community Guidelines, please do not use the Randomly Challenged Website.
B. Although we may attempt to notify you when major changes are made to these Terms and Conditions, you should periodically review the most up-to-date version of this document. Randomly Challenged may, in its sole discretion, modify or revise these Terms and Conditions and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
C. The Terms and Conditions,
Privacy Policy,
Rules of Play and
Community Guidelines may refer to user-submitted content in terms of 'content', 'challenges' or 'challenge content'.
A. These Terms and Conditions apply to all users of the Randomly Challenged Website, including users who are also contributors of video, text and image content and other materials or services on the Website. The Randomly Challenged Website includes all aspects of Randomly Challenged, including but not limited to all products, software and services offered via the website such as the suggested Challenges, Mail application and such other services that from time to time may be added.
B. The Randomly Challenged Website may contain links to third party websites that are not owned or controlled by Randomly Challenged. Randomly Challenged has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Randomly Challenged will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve Randomly Challenged from any and all liability arising from your use of any third-party website.
C. Accordingly, we encourage you to be aware when you leave the Randomly Challenged Website and to read the terms and conditions and privacy policy of each other website that you visit.
A. In order to access some features of the Website, you will have to create a Randomly Challenged account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Randomly Challenged immediately of any breach of security or unauthorized use of your account.
B. Although Randomly Challenged will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of any others due to such unauthorized use.
Once registered, permission is granted to access and use the Website as set forth in these Terms and Conditions, provided that:
A. You agree not to copy or distribute in any medium any part of the Website, including but not limited to User Content (defined below), without Randomly Challenged's prior written authorization.
B. You agree not to alter or modify any part of the Website, including but not limited to Randomly Challenged's Movie Player, Challenges or any of its related technologies.
C. You agree not to access User Content (defined below) or Randomly Challenged Content through any technology or means other than the pages of the Website itself, the Randomly Challenged Movie Player, Photo viewer or such other explicitly authorized means as Randomly Challenged may designate.
D. You agree not to use the Website, including the Randomly Challenged Movie Player for any commercial use, without the prior written authorization of Randomly Challenged. Prohibited commercial uses including, but not limited to, any of the following actions taken without Randomly Challenged's express approval:
- sale of access to the Website or its related services (such as the Movie Player or Challenge pages) on another website;
- use of the Website or its related services (such as the Randomly Challenged Movie Player or Challenge pages), for the primary purpose of gaining advertising or subscription revenue;
- the sale of advertising, on the Randomly Challenged website or any third-party website, targeted to the content of specific User Content or Randomly Challenged content;
- 4. any use of the Website or its related services (such as the Movie Player or Challenge pages) that Randomly Challenged finds, in its sole discretion, to use Randomly Challenged's resources or User Content with the effect of competing with or displacing the market for Randomly Challenged, Randomly Challenged content, or its User Content.
E. Prohibited commercial uses do not include:
- using the Movie Player to show Randomly Challenged Movies on an ad-enabled blog or website, provided the primary purpose of using the Movie Player is not to gain advertising revenue or compete with Randomly Challenged;
- any use that Randomly Challenged expressly authorizes in writing.
(For more information about what constitutes a prohibited commercial use, see our FAQ.)
F. If you use the Randomly Challenged Movie Player on your website, you must include a prominent link back to the Randomly Challenged website on the pages containing the Movie Player and you may not modify, build upon, or block any portion of the Movie Player in any way.
G. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that access the Website in a manner that sends more request messages to the Randomly Challenged servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Randomly Challenged grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of, and solely to the extent necessary for, creating publicly available searchable indices of the materials, but not caches or archives of such materials. Randomly Challenged reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website (e.g. Challenge Comments, Mail application) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their Challenge Content.
H. In your use of the website, you will otherwise comply with the Terms and Conditions,
Rules of Play,
Privacy Policy and
Community Guidelines, and all applicable local, national, and international laws and regulations.
I. Randomly Challenged reserves the right to discontinue, modify or vary any aspect of the Randomly Challenged Website at any time.
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the Randomly Challenged Website.
A. The content on the Randomly Challenged Website, except all User Content (as defined below), including without limitation, the text, challenges, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Randomly Challenged, subject to copyright and other intellectual property rights under the law. Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Randomly Challenged reserves all rights not expressly granted in and to the Website and the Content.
B. You may access User Challenges solely:
- for your information and personal use;
- as intended through the normal functionality of the Randomly Challenged Service; and
- for Streaming.
"Streaming" means a contemporaneous digital transmission of an audiovisual work via the Internet from the Randomly Challenged Service to a user's device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the user. Accessing User Movies for any purpose or in any manner other than Streaming is expressly prohibited. User Movies are made available "as is."
C. Challenge and Profile Comments are made available to you for your information and personal use solely as intended through the normal functionality of the Randomly Challenged Service. Challenge and Profile Comments are made available "as is", and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the Randomly Challenged Service or otherwise as prohibited under this Agreement.
D. You may access Randomly Challenged Content, User Challenges and other content only as permitted under this Agreement. Randomly Challenged reserves all rights not expressly granted in and to the Randomly Challenged Content and the Randomly Challenged Service.
E. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User or third party Content obtained through the Website for any commercial purposes.
F. You agree not to circumvent, disable or otherwise interfere with security-related features of the Randomly Challenged Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Randomly Challenged Website or the Content therein.
G. You understand that when using the Randomly Challenged Website, you will be exposed to User Content from a variety of sources, and that Randomly Challenged is not responsible for the accuracy, usefulness, truth, safety, or intellectual property rights of or relating to such User Content. You further understand and acknowledge that you may be exposed to User Content that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Randomly Challenged with respect thereto, and agree to indemnify and hold Randomly Challenged, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
A. As a Randomly Challenged account holder you may submit video content ("User Movies"), textual content ("User Comments", "User Text"), and photographic content ("User Photos",("User images"). User Movies, Comments/Text, Photos/images are collectively referred to as "User Content." This "User Content" is displayed on various pages across the site. You understand that whether or not such User Content is published, Randomly Challenged does not guarantee any confidentiality with respect to any User Content.
B. You shall be solely responsible for your own User Content and the consequences of posting or publishing them. In connection with User Content, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize Randomly Challenged to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Content to enable inclusion and use of the User Content in the manner contemplated by the Website and these Terms and Conditions.
C. For clarity, you retain all of your ownership rights in your User Content. However, by submitting User Content to Randomly Challenged, you hereby grant Randomly Challenged a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with the Randomly Challenged Website and Randomly Challenged's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Randomly Challenged Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Randomly Challenged Website a non-exclusive license to access your User Content through the Website, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Website and under these Terms and Conditions. The above licenses granted by you in User Challenges apply for the lifetime of your account, with possible exceptions as described in section H below. You understand and agree that Randomly Challenged may retain, but not display, distribute, or perform, server copies of User Content that have been removed or deleted. The above licenses granted by you in User Content are perpetual and irrevocable.
D. In connection with User Content, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Randomly Challenged all of the license rights granted herein.
E. You further agree that you will not, in connection with User Content, submit material that is contrary to the Randomly Challenged
Community Guidelines, which may be updated from time to time, or contrary to applicable local, national, and international laws and regulations.
F. Randomly Challenged does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and Randomly Challenged expressly disclaims any and all liability in connection with User Content. Randomly Challenged does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Randomly Challenged will remove all Content and User Challenge/s if properly notified that such Content or User Challenge/s infringes on another's intellectual property rights. Randomly Challenged reserves the right to remove Content and User Challenges without prior notice and disclaims all liability of any sort that may arise by virtue of any removal.
G. Randomly Challenged are not (unless otherwise stated in these Terms and Conditions) associated with any Third Party service providers or suppliers listed anywhere on the site. Any advertisements by Third Parties/activity supplier/providers or other, listed on the site are only displayed purely for the convenience of Users and are not in anyway compulsory or part of Randomly Challenged.
H. Group Accounts and the User Content they contain are the responsibility of the designated Group Administrator, and content uploaded by you to a Group Account will not be automatically removed upon deletion of your personal account. Requests to do so must be made to the Group Administrator or to Randomly Challenged where necessary.
A. Randomly Challenged will terminate a User' s access to its Website if, under appropriate circumstances, they are determined to be a repeat infringer.
B. Randomly Challenged reserves the right to decide whether Content or a User Challenge is appropriate and complies with these Terms and Conditions for violations other than copyright infringement, such as, but not limited to, pornography, obscene or defamatory material, or other material calculated to provoke prejudice or hatred or excessive in length. Randomly Challenged may remove such User Content and/or suspend/terminate a User's access for uploading such material in violation of these Terms and Conditions at any time, without prior notice and at its sole discretion.
Our competitions are governed by the laws of the United Kingdom (England, Wales and Scotland).
Our free competition is open to all persons aged 16 or over except for employees of Random LLP, their families, agencies or any other company directly connected with the administration of this promotion, who have completed registration to www.randomlychallenged.com. You do not need to buy anything to enter.
Registration completion is based on the following information being provided: username, email, Date of Birth, location, compliance with our Terms and Conditions.
Should the users account be suspended or cancelled at any time, any Rewards, or equivalent points, will be removed from the players account and their competition cancelled.
In order for you to unlock the Reward feature you must first qualify for entry by completing challenges. Once you have completed enough, the feature will become available and is automatically turned 'on'. You do not have to accept Rewards if you do not want to.
In order for a user to claim their Reward, full address and telephone details must be supplied upon request. Randomly Challenged will contact the winner via the supplied E–mail AND the Mail application for authentication. We will never ask you to click a link in an E–mail that we send to you.
No alternative Reward or cash equivalent is available and the Reward is none transferable.
Randomly Challenged reserves the right to change and update the Reward completion and it's features or rules at any time and without prior notice.
The winner may be asked to participate in non-paid publicity accompanying or resulting from their win.
By choosing to be entered into the competition, entrants agree to be bound by these rules, our
Rules of play and our
Terms and Conditions.
A. If you are a copyright owner or an agent thereof and believe that any User Challenge or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by contacting us.
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
B. Counter-Notice. If you believe that your User Challenge that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Challenge, you may send a counter-notice containing the following information to us.
- Your physical or electronic signature;
- Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the Digital Millennium Copyright Act ("DMCA").
If a counter-notice is received by Randomly Challenged, we may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Randomly Challenged's sole discretion.
You agree that your use of the randomly challenged website shall be at your sole risk. to the fullest extent permitted by law, randomly challenged, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the website and your use thereof. randomly challenged makes no warranties or representations about the accuracy or completeness of this site's content or the content of any sites linked to this site and assumes no liability or responsibility for any:
- (i) errors, mistakes, or inaccuracies of content
- (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our website
- (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein
- (iv) any interruption or cessation of transmission to or from our website
- (iv) any bugs, viruses, trojan horses, or the like which may be transmitted to or through our website by any third party, and/or
- (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the randomly challenged website. randomly challenged does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the randomly challenged website or any hyperlinked website or featured in any banner or other advertising, and randomly challenged will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. as with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
In no event shall randomly challenged, its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any:
- (i) errors, mistakes, or inaccuracies of content
- (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our website
- (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein
- (iv) any interruption or cessation of transmission to or from our website
- (iv) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our website by any third party, and/or
(v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the randomly challenged website, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages. the foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
You specifically acknowledge that randomly challenged shall not be liable for user content or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you. randomly challenged and its operating is not and does not purport to be a provider or activity supplier.
All of our challenges are mearly recreational, entertainment ideas. We do no assume responsibility or liability for your actions in any way. no challenge that randomly challenged suggests is in any way compulsory or obligatory. Users have the option to skip challenges within the constraints of the websites functionality.
Challenges are suggested merely for entertainment purposes and cannot be misconstrued as instructions, directions or advisements in any way.
The Website is controlled and offered by Randomly Challenged from its facilities in the United Kingdom(UK). Randomly Challenged makes no representations that the Randomly Challenged Website is appropriate or available for use in other locations. Those who access or use the Randomly Challenged Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You agree to defend, indemnify and hold harmless Randomly Challenged, its parent company (Random LLP), officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Randomly Challenged Website; (ii) your violation of any term of these Terms and Conditions; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Content caused damage to a third party. This defense and indemnification obligation will survive these Terms and Conditions and your use of the Randomly Challenged Website.
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions. In any case, you affirm that you are over the age of 16, as the Randomly Challenged Website is not intended for children under 16. If you are under 16 years of age, then please do not use the Randomly Challenged Website. There are lots of more suitable sites for you. Talk to your parents about what sites are appropriate for you.
These Terms and Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Randomly Challenged without restriction.
You agree that: (i) the Randomly Challenged Website shall be deemed solely based in the UK; and (ii) the Randomly Challenged Website shall be deemed a passive website that does not give rise to personal jurisdiction over Randomly Challenged, either specific or general, in jurisdictions other than California. These Terms and Conditions shall be governed by the internal substantive laws of United Kingdom (England, Wales and Scotland), without respect to its conflict of laws principles. Any claim or dispute between you and Randomly Challenged that arises in whole or in part from the Randomly Challenged Website shall be decided exclusively by a court of competent jurisdiction located in the UK. These Terms and Conditions, together with the Privacy Notice in our
Privacy Policy and any other legal notices published by Randomly Challenged on the Website, shall constitute the entire agreement between you and Randomly Challenged concerning the Randomly Challenged Website. If any provision of these Terms and Conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any term of this these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term, and Randomly Challenged's failure to assert any right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision. Randomly Challenged reserves the right to amend these Terms and Conditions at any time and without notice, and it is your responsibility to review these Terms and Conditions for any changes. Your use of the Randomly Challenged Website following any amendment of these Terms and Conditions will signify your assent to and acceptance of its revised terms.
YOU AND RANDOMLY CHALLENGED AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE RANDOMLY CHALLENGED WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.